West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1887-03-04

ficiently present the views that were
held.
Extract from the Report of the
Majority.
This claimant bases his right to
a seat, not upon the fact that term
filed by the Legislature of New
Hampshire had become vacant dur
ing the recess of the Legislature, but
upon the fact that the Governor
claims the right to make a Temporal
ry appointment at the beginning OF
term which the Legislature had
not undertaken to fill. The commit
tee cannot find in the constitution
any sufficient warrant for this po-
sition. The committee be-
lieve that the Legislature alone is
empowered to chose Senator upon
the expiration of q Senatorial term
and that the executive can make tenn
porary appointments only to fill va
cancies which occur in term which
has been previously filled. The
power to make temporary appoint
ment was conferred on the executive
because the accidents of death, res
ignation, expulsion or acceptance
of another office could not be fore
seen or provided for by the Legisla
ture. In the one class of cases the
time when term would expire was
fixed by law and was we'll known.
There could be no uncertainty in
regard to it, and in such a case a
vacancy could occur only by the
wilful disregard of its duty by the
State in framing its organic law, or
by the Legislature disregarding its
constitutional obligations. In such
a case vacancy could not "happen"
or occur by chance, casualty or
other event that could not be guarded
against.
This report of the Majority was
signed by Eli Salisbury, of Della
ware, B. II. Hill, of Ca, j. E. Bailey,
of Tenn, f. Herman, ofNew York,
Geo. s. Houstan, of Alabama and Z.
b. Vance, of North Carolina
Extract from Minority report
The Constitution makes no diff
erence between vacancies which
happen when the term begins and
vacancies which happen later. The
Constitution expressly declares ''the
seats of Senators shall be vacated
at the expiration of the sixth year.
Did the Constitution mean to de-
clare that to vacate seat does not
create vacancy in it? =
(The minority cite Chief Justice Ia
ney and William Writ in support of
the view that the term ''happen" is
equivalent to "happen to exist" ''If
it comes to pass that there be a va
cancy.") Chief Justice fancy says,
"The Constitution was framed for
practical purposes and construc-
tion that defeats the very object OF
the grant of power cannot be true
one. 1t was the intention Of the
Constitution that the offices created
by law should always be full.
This minority report was signed
by Geo. F. Hoar, of Mass; Angus
Cameron, of Wisconsin, and j. j.
Ingalls,, of Kansas.
The report Of the minority was
sustained by 35 to %.
The yeas were: ALLISON and
K,rkwood, Iowa; Anthony and
Burnside, Rhode Island; Bayard,
Delaware; Booth, California; Bruce,
Mississippi; CAMERON, Pennsylva-
MIA; Cameron, Wisconsin; Chandler
and Ferry, Michigan; DAWES, Mass
achusetts; EDMUNDs and MORRILL,,
Vermont; Gordon, Georgia; Groome
and whyte, Maryland; Hamlin,
Maine; Hill and Teller, Colorado;
INGALLS, and PLUMB, Kansas; JONES,
Florida; Kellogg, Louisiana; Logan,
Illinois; Mcdonald and VOORHEES,,
Indiana; Mcmillan, Minnesota;
PADDocK and Saunders, Nebraska; ;
Randolph, New Jersey; Rollins,
New Hampshire; Williams, Ken
lucky; PLATT, Connecticut, Walk
er, Arkansss-35.
The nays we're: Bailey AID HAIR
RIs, Tennessee; CALL, Florida; Car
penter, Wisconsin; CoCKRELL and
VEST, Missouri; Coke and Maxey,
Texas; Conkling and Herman, New
York; Davis, Illinois; Eaton, Con-
necticut; Farley, California; Gar
land, Arkansas; Hill, Georgia /;
Grover and Slater, Oregon; Here
ford, West Virginia; Houston and
MORGAN, Alabama: Johnston and
Withers, Virginia; Jones, Louisi-
ana; Lamar, Mississippi; Pendle-
ton, Ohio; RANSOM and VANCE,
North Carolina, and Wallace Penn
sylvania-2S.
Republicans absent: JONES, Ne
vada; WINDOW, Minnesota; HoAR,
Massachusetts, and Blaine, Maine.
Democrats absent: BECK, Ken
lucky; Davis, West Virginia; SAULs-
BURY, Delaware, and Mcpherson,
New Jersey.
The present Senators who were
~ IO-0 ..o